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HomeMy WebLinkAbout03843 - RUDDY GENERAL STORE MUSEUM MO 6011 ' ( James Ruddy 1930's General Store Museum AGREEMENT #3843 M06011, 9-3-97 Jim Ruddy - Old G. Museum Building Lease AGREEMENT P425 38y3 MO ��Jd . � —✓ LEASE 1930's GENERAL STORE MUSEUM THIS LEASE, is made and entered into this 3r4day of dzc1997, by and between the CITY OF PALM SPRINGS ("Lessor"), and 1930's GENE MUSEUM STORE, a California nonprofit public benefit corporation ("Lessee"). RECITALS A. Lessor is the owner of certain premises and improvements in the City of Palm Springs, County of Riverside, State of California, located at 221 South Palm Canyon Drive, (which said premises are part of the Village Green complex); and B. Lessee desires to lease said premises and improvements for the purpose of conducting therein an old general store museum, and for no other purpose. C. Lessee, with the consent of Lessor, has held over on the premises on a month-to-month tenancy since expiration of the previous lease on April 15, 1997. AGREEMENT Lessor, in consideration of the covenants herein contained did grant Lessee the right to construct the General Store Museum Building pursuant to the plans approved by the Planning Commission of the City of Palm Springs and hereby agrees to lease the building upon the following terms and conditions: 1. TERM - This Lease shall be for a term of ten (10) years commencing on April 15, 1997, and terminating on April 14, 2007. 2. RENTAL - In return for the construction of a building of approximately 1,000 square feet by Lessee on the premises and the operation of a historical museum thereon, no rental fees shall be charged to the Lessee during the term of this Lease. 3. BUSINESS HOURS - Lessee will operate the general store museum at least 24 hours per week at least nine months of inch year and 12 hours a week for the remaining three months of each year. 501/014084-000112192274.2 a07/17197 —1— JIPIGINAU Mb -"IMOR AGREE" p� 4. COMMON AREA - Lessee shall be entitled, during the term of this Lease, to the non- exclusive use of the common areas on the premises. 5. RENEWAL - Lessee, if it so chooses, shall submit to the City Council in writing at least ninety (90) days prior to the: termination of the Agreement, a statement of intent to renew. Renewal of this Agreement shall be subject to the approval of the City Council and shall not be construed as an automatic right. 6. CONDUCT BUSINESS - Lessee agrees at all times to maintain and conduct Lessee's business in a lawful manner and in strict compliance with and observance of all government rules, regulations, ordinances and laws. Lessee will so conduct its business so as not to invalidate or increase the cost of any policy of insurance carried by Lessor on the premises, improvements and equipment. 7. ASSIGNMENT AND SUBLETTING - The premises shall be used for no other purpose than as above specified without the written consent of Lessor, and Lessee shall not sublet the premises or any part thereof., nor assign nor hypothecate this Lease nor any rights therein nor in the leasehold premises without such written consent being first obtained. Any subletting, assignment or hypothecation without such written consent shall be void and shall be cause for cancellation of this Lease by Lessor at its option. Consent to a sublease will not be unreasonably withheld. 8. ALTERATIONS - Lessee agrees not to make or allow to be made any change, alteration or addition to or in any of the premises or improvements without first obtaining written consent of Lessor. All such alterations shall be made; by Lessee at its own expense and Lessor shall be held harmless from any costs or liens as a result of such alterations or improvements. 9. FIXTURES - Lessee shall furnish all fixtures, equipment and furniture necessary to conduct and operate its business except those specifically agreed to be provided by Lessor. Lessee's fixtures, equipment and furniture shall not be nor shall any part thereof be permanently affixed to the bui]]dings or to the floors or was of the demised premises. At any time prior to expiration or termination of this Lease, Lessee may remove said fixtures, however, such removal shall not in any way damage the walls, floors, ceilings, doors or any other part of the demised premises belonging to the Lessor. Any injury to the premises caused by such removal shall be repaired by Lessee. 10. CONDITIONS OF PREMISES AND REPAIRS - The premises are accepted by Lessee in their present condition, and Lessee will at all times keep the interior of the shop and the premises neat, clean and in a sanitary condition. Lessor, at its expense, shall (i) repair and maintain the mechanical equipment, (ii) maintain the outside walls, roof and foundation of the building in a reasonable condition and (iii) plan and maintain all landscaping on the premises, including, without limitation, all plants, sprinkler systems and replacements thereof. Lessee, at its expense, shall make all other repairs and maintain the premises in as good repair as they now are or may be hereafter. Lessee shall notify City of necessary maintenance and repairs. q*43 501/014094-0001/2192274.2 a07/17/97 -2- 1 11. HOLD HARMLESS - Lessee agrees to indemnify, defend and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Lessee's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or are caused or claim to be caused by the negligent acts of Lessee, its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, its agents or employees. 12. WORKER'S COMPENSATION INSURANCE - Lessee shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as is necessary to comply with the laws of the State of California. Such policy of insurance shall provide indemnity, insurance and a legal defense for both Lessee and the City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Lessee in the course of carrying out the within Agreement. 13. EVIDENCE OF INSURANCE - A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management officer shall be submitted to the City prior to execution of this Agreement on behalf of the City. 14. NOTICE TO CITY, INSURANCE COVERAGE CHANGE - The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendments or cancellation to the City. In the event the said insurance is cancelled, Lessee shall, prior to the cancellation date, submit, to the City Clerk new evidence of insurance in the amounts heretofore established. 15. FIRE & EXTENDED COVERAGE INSURANCE - City agrees to procure and maintain, at its sole expense, during the term of this Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance on all permanent and personal property, of Lessee's, of an insurable nature located upon the lease premises. Said policy shall be in an amount sufficient to cover up to $250,000 per occurrence of said property. City agrees to pay the premium for such insurance. In the event of damage or loss resulting to Lessee's personal property, from insured perils, Lessee shall be financially responsible for the first $5,000, per loss. In the event of damage or loss resulting from insured perils to the permanent structure and fixtures, payment of such loss shall be made to the City for the replacement or repair of damages, at the discretion of the City. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to the Lessee within 30 days of the execution of this Agreement on behalf of the City. 501/014084-000112192274.2 a07/17/97 -3- I • OP 16. TAXES - Lessee agrees to pay when due all business, personal property and possessory interest taxes levied against its personal property located on the demised premises and any taxes levied against Lessee by reason of the operation of its business on the demised premises. In no event shall Lessor be held liable for payment of such taxes. 17. UTILITIES - Lessor agrees to pay promptly all continuing (not installation) charges against the leased premises for public utilities, including but not limited to the electricity, waste disposal, gas, water, telephone (excluding long-distance phone calls) and security alarm. Lessor agrees at its expense to keep the surrounding garden, walks and lawn in good condition. 18. INDEPENDENT CONTRACTOR - It is understood and agreed that the Lessee is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Lessee;, or any individual whose compensation for services is paid by the Lessee, an agent or employee of the City or authorizing the Lessee to create or assume any obligation or liability for or on behalf of the City. 19. ADMISSION FEES - At the discretion of the Lessee a fee of up to $1 may be charged for entrance to the museum or a joint fee may be established with the other facilities on the Village Green. Retail sales will be limited to items of historic/tourist interest such as post cards, books relating to local history, etc. 20. BANKRUPTCY - If any adjudication of bankruptcy or insolvency be rendered against Lessee, or if a receiver of the business or of the assets of Lessee be appointed, or if any writ of attachment of execution should be levied on any property of Lessee on the demised premises and not removed within forty-eight (48) hours, or if any sale or attempted sale of the leasehold interest hereby created should be made under or by virtue of any execution or other judicial process, Lessor may at its option immediately terminate this Lease, and no person shall have the right to use, possess or occupy the premises by virtue thereof. 21. DEFAULT - Should default be: made by Lessee in performance of the agreements and covenants herein contained, it shall be lawful for Lessor at its option to declare the term of this Lease ended and to re-enter the demised premises or any part thereof, and to expel or remove Lessee or any other person who may be upon the demised premises, together with all goods and chattels found therein, and to repossess and enjoy said premises again as in its former estate. If at any time said term shall be ended at the election of Lessor as aforesaid, or in any other way, Lessee hereby covenants and agrees to surrender and deliver up the demised premises to Lessor immediately upon such termination. 22. ATTORNEY'S FEES - Lessee agrees to pay and discharge all costs and expenses including reasonable attorney's fees that may be incurred by Lessor in enforcing the covenants of this Lease or the rights of Lessor in the demised premises. Lessee agrees at the termination of this Lease for any reason to quietly vacate and surrender the demised premises in good condition, reasonable wear and tear excepted. 501/014084-000112192274.2 a07/17197 -4- I 0 !11 23. HEIRS AND ASSIGNS - Each and all of the provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of Lessor, the heirs and executors of Lessee, and assigns of Lessee if any assignments be made with the written consent of Lessor. 24. WAIVER BY LESSEE - Lessee hereby waives all rights under Section 1942 of the Civil Code of the State of California. IN WITNESS WHEREOF the parties have executed this Lease on the day and year first above written. LESSEE: 1930's GENERAL STORE MUSEUM l By. JAM S F. RUDDY LESSOR: CITY PA SMLPA SML P�RIN S ALIFORNIA By: City anager / City Clerk REVIEWED AND APPROVED: Q APPROVED BY THE COUNCIL BY . NO. -3—9 /M CIT 'a f4 38y3 5011014084-0001/2192274.2 a07/17/97 -5- STATE HOME OFFICE AN FRANCISCO ANN RATING ENDORSEMENT COMPENSATION I N S U PI A N C E IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING FUND IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW. HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD BE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US. qq '2 IMPORTANT THIS IS NOT A BILL /1.".`-) CONTINUOUS POLICY 689988-97 i�v..-, SEND NO MONEY UNLESS STATEMENT IS ENCLOSED --- THE RATING PERIOD BEGINS AND ENDS AT 12:01AM PACIFIC STANDARD TIME RATING PERIOD 5-24-97 TO 5-24-98 JAMES RUDDY DEPOSIT PREMIUM $200 . 00 C/O 1930 ' S GEN'L STORE MUSEUM MINIMUM PREMIUM $200 . 00 12 NEBULAE WAY PREMIUM ADJUSTMENT PERIOD ANNUALLY RANCHO MIRAGE, CALIF 92270 R SK NAME OF EMPLOYER- RUDDY, JAMES (AN INDIVIDUAL EMPLOYER AND NOT JOINTLY WITH ANY OTHER EMPLOYER) CODE NO. PRINCIPAL WORK: AND RATES EFFECTIVE TO 05-24-98 INTERIM BASE BILLING RATE RATE° 8838 MUSEUMS--ALL EMPLOYEES 2.22 2.22 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO APRIL 23 , 1997 POLICY FORM. L 1 SCIF FORM 10537(NEW 7 96) (OVER PLEASE) EVIDENCE 41 PROPERTY INSURAN46 DATE(MM/DCA(Y) 6/23/97 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER COMPANY COACHELLA VALLEY INSURANCE SERVICE, INC. RELIANCE INSURANCE COMPANY 81-557 DR. CARREON #B-8 INDIO, CA 92201 CODE SUB-CODE INSURED LOAN NUMBER POLICY NUMBER NZB1500920 CITY OF PALM SPRINGS EFFECTIVE DATE(MM/DD/YY) EXPIRATION DATE(MM/DO/YY) CONT UNTIL P.O. BOX 2743 TERMINATED 7/1/97 7/1/98 IF CHECKED PALM SPRINGS, CA 92262 THIS REPLACES PRIOR EVIDENCE DATED: - - - ..PROFERTY INFORMATION LOCATION/DESCRIPTION PROPERTY LOCAIEDAT THE "VILLAO3GREEN" KNOWN AS 1930's GENERAL STORE MUSEUM COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE "ALL RISK" REPLACEMENT COST EXCLUDING EARTHQUAKE, FLOOD AND CERTAIN OTHER PERILS AS DESCRIBED IN THE POLICY BUILDINGS --- $ 83,507. _$5,000. CONTENTS $-275,000. $5,000.' REMARKS (Including Special Conditions) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD.SHp LID THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT _ INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS NATURE OF INTEREST JAMS F. RUDDY MORTGAGEE XX ADDITIONAL INSURED 1930's GENERAL STORE MUSEUM LOSS PAYEE (OTHER) 12 NEBULAE WAY RANCHO MIRAGE, CA 92270 SIGNATURE OF AUTHORIZED AGENT 0 OMPANY ACORD 27-(? 88 ,__ - ©ACORD CORPORATION 1988